Law and Media Round Up – 24 June 2019 [Updated]

24062019

The private life of prospective Prime Minister Boris Johnson dominated the press over the past few days after Guardian reported that the police had been called to the London flat he shares with his partner after neighbours heard (and recorded) a “loud altercation”.

A poll on Saturday suggested the 53% of voters were of the view that Mr Johnson’s private life is relevant to his ability to be prime minister. However, Daily Express readers disagreed with 82% disagreeing with the proposition that he should answer questions on his private life as “his private life is private”.

On 19 June 2019 ASA upheld complaints after users of a game called “Looney Tunes World of Mayhem” were invited to view adverts for betting companies in exchange for “gems”, tokens used to purchase in-game items. This was held likely to appeal to users under the age of 18. The Guardian had an article. The ASA website published the ruling.

The Government has announced that legislation to place age restrictions on online pornography which was due to come into effect on 15 July 2019 now be delayed for up to 6 months after an administrative error.

On 19 June 2019 the ICO has released a statement that it has joined the UK Regulators Network (UKRN) as a full member. Membership will also support the ICO engaging with the main UK regulators on specific issues including cyber security.

The Guardian had an article on how the widespread collection of data can lead to self-censorship and discrimination. “The normalisation of these processes also threatens our freedom of expression and association by making it clear that we are being watched. Studies have shown that we are likely to censor what we post on social media or what we look up online when we are aware they are being surveilled.”

Clause 11 (victims of sexual assault) has been revised after being declared ambiguous. The new clause comes into force from 1 July 2019 and will read “Journalists are entitled to make enquiries but must take care and exercise discretion to avoid the unjustified disclosure of the identity of a victim of sexual assault.” There was a piece on the Press Gazette, and the news was also reported on the IPSO Blog.

IPSO has published a number of rulings and resolutions statements since our last Round Up:

On 17 and 21 June 2019, there was a PTR in the case of Fentiman v Marsh before HHJ Parkes QC. This is a libel claim arising out of a number of online publications. The Claim Form and Particulars of Claim can be found on Lawtel [£]

On 18 June 2019 Warby J handed down judgment in the case of Birmingham City Council v Afsar [2019] EWHC 1560 (QB) discharging the injunction granted on 3 June 2019 to restrain protests at Anderton Park School but granting a new injunction pending trial.

On 19 June 2019 HHJ Parkes QC heard an application in the case of BVC v EWF. The background can be found in an earlier judgment in the case [2018] EWHC 2674 (QB).

On 20 June, there was the hearing of the final day of the 16th CMC in the Mirror Phone Hacking litigation, Various Claimants v MGN before Mann J.

Events

Please let us know if there are any events which we should be drawing to the attention of our readers.

Bangladesh’s ex-premier and opposition BNP chief Khaleda Zia, was granted by the high a six-month bail in two defamation cases. However, she cannot be released from jail as she has been convicted in two other cases. There was a piece on the Deccan Herald.

Russia

The Moscow Times reported that Putin has signed a law that introduces fines for the unauthorized production or distribution of foreign print media.

EFF has attempted to appeal the decision of Johannesburg High Court in the case of case of Trevor Andrew Manual (Manuel) versus the EFF and others (the EFF).

EFF was unsuccessful, with the result being that the previous decision remains in full force and effect. The case has been significant as it acknowledges that statements made on social media, given their potentially wide coverage, amount to publications in their own right and that, consequently, such statements can be defamatory. Business Day had an article on the case.

Trinidad & Tobago

Under pressure from the public, the government has not been able to pass a controversial amendment to the Freedom of Information Act. Under the current Act, members of the public seeking to access information held by public authorities, file a FOIA request and are supposed to receive a response within 30 days. The proposed amendment would have extended the allowable response time to 90 days. Global Voices had an article.

United States

The father of a victim of the massacre at Sandy Hook, has won a defamation suit against the authors of a book called Nobody Died at Sandy Hook, purporting a series of false claims. The news is widely covered in the international media, including an article on the Guardian, the Independent, ABC News.

In the case Mobley v. State, the Georgia Supreme Court could rule that the data contained in the “black box” of a vehicle can’t be extracted without a warrant, including what Fourth Amendment protections can be expected against unjustified access by law enforcement. ACLU had a post on its blog.

Communications Disruption and Censorship under International Law: History Lessons, Proceedings of the 2nd USENIX Workshop on Free and Open Communications on the Internet (FOCI ’12), August 6 2012, Jon Penney, University of Oxford – Oxford Internet Institute; Citizen Lab, University of Toronto; Princeton University – Center for Information Technology Policy; Harvard University – Berkman Klein Center for Internet & Society; Dalhousie University – Schulich School of Law.